Is it mandatory to notarize land lease contracts or contracts on contribution of land use rights? What documents are included in the notarization dossier of land lease contract in Vietnam?
Is it mandatory to notarize land lease contracts or contracts on contribution of land use rights in Vietnam?
The notarization of land lease contracts and or contracts on contribution of land use rights shall comply with the provisions of Clause 3, Article 167 of the 2013 Land Law of Vietnam as follows:
“Article 167. The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital
3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:
a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;
b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;
c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;
d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.”
Thus, contracts on contribution of land use rights must be notarized. In your case, it is a contract on lease of land use rights, it is not required to be notarized but must be notarized at the request of the parties.
Land lease contracts (Image from the Internet)
What documents are included in the notarization dossier of land lease contract in Vietnam?
Pursuant to Clause 1, Article 40 of the 2014 Law on Notarization of Vietnam, the notarization request dossier shall be made in one set, comprising:
“Article 40. Notarization of ready-made contracts and transactions
1. A notarization request dossier shall be made in one set, comprising:
a/ A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
b/ The draft contract or transaction;
c/ A copy of the personal identity paper of the notarization requester;
d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
dd/. Copies of other papers related to the contract or transaction as required by law.”
Thus, the notarization dossier of land lease contract shall comprise:
- A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
- The draft contract or transaction;
- A copy of the personal identity paper of the notarization requester;
- A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
- Copies of other papers related to the contract or transaction as required by law.
What are the notarization procedures for land lease contracts in Vietnam?
Pursuant to Clauses 3, 4, 5, 6, 7 and 8, Article 40 of the 2014 Law on Notarization of Vietnam stipulating notarization procedures as follows:
“Article 40. Notarization of ready-made contracts and transactions
…
3. A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.
4. Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions; clearly explain to notarization requesters their rights, obligations and lawful interests as well as the significance and legal consequences of their entry into contracts or transactions.
5. When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize.
6. A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify. If the notarization requester fails to modify, the notary has the right to refuse to notarize.
7. The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.
8. If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers specified in Clause 1 of this Article for comparison before writing testimonies and signing every page of the contract or transaction.”
Thus, the notarization procedures for land lease contracts are carried out according to the above regulations.
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